In a writ petition seeking temporary injunction regarding a dispute over a society plot allotment and membership cancellation, the High Court dismissed the appeal from below courts. The Court held no prima face case existed as no prayer for restraint was made in the original application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 W.P. 579.2014
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 579 OF 2014
Sagar Sureshchandra Gandhi Thr. GPA V/s Sadguru Krupa Sahakari (Bhadekaru - Malki) Gruh Nirman Society Ltd., Aurangabad & Ors.
Office Notes,Office Court's or Judge's orders Memoranda of Coram,appearances, ................................ Court's orders or CORAM : S.V.GANGAPURWALA, J. directions and Registrar's orders DATE : 21/01/2014
Mr. K.M.Nagarkar, Advocate h/f Mr.S.M.Vibhute, Advocate for the Petitioner.
COURT'S ORDER :
2 W.P. 579.2014
that the Courts below have failed to consider the relevant aspect of the matter. The suit plot was allotted to the opponent No. 2 and in the meeting dated 15/12/1982, the membership of opponent No. 2 is cancelled. The disputant has filed application with the Society for grant of membership of plot No. 45 and an endorsement was made on the said application about society's decision to allot plot No. 45. The letter is also issued to the father of the disputant. There are voluminous documents to show that the application of the membership of the present petitioner has been granted and plot No. 45 was allotted to the petitioner. All these letters are not considered by the Court. After passing of the order, the matter proceeded further. Till December, 2013 the respondent did not do any activity on the suit plot, however subsequently he started changing the nature of the suit property. As such the petitioner moved the Court.
3. I have gone through the order.
3 W.P. 579.2014
[ S.V.GANGAPURWALA, J. ]
KNP/W.P. 579.2014
Sagar Sureshchandra Gandhi Thr. GPA
Sadguru Krupa Sahakari (Bhadekaru - Malki) Gruh Nirman Society Ltd., Aurangabad & Ors.
S.V.Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
